[31] Part 7 provides that permits are valid for one year and
may be renewed under certain conditions by the director. Permits may be revoked for various reasons and when a permit is
revoked all work shall cease unless the permit is restored. However, s. 14.03 provides that there shall be no renewal or extension of permits issued under the 2003 by-law.

[32] Part 8 provides for inspection, including soil testing and
the taking of samples, to ensure that the conditions of the permit are being complied with.

[33] Part 9 provides for appeals to council from decisions concerning permits and Part 12 sets out the fees payable for permits
and the posting of security to cover certain costs of maintaining
site control, stabilizing the site and rehabilitation measures.

[34] Some of the 2014 by-law’s standards are more onerous
than those of the 2003 by-law. Section 2.10 mandates that the
quality of any fill must comply “with the applicable Soil, Ground
Water and Sediment Standards for use under Part XV.1 of the
EPA and the ‘Management of Excess Soil — A Guide for Best
Management Practices, January 2014’, as required by the Director”. Section 5.01.01 requires a work plan in accordance with a
provincial standard announced in 2014. The fees imposed by
under Part 12 are significantly higher than those imposed by the
2003 by-law, although I note that Burlington indicated that it
would waive the higher fees for Airpark.

[35] Failure to comply with the by-law is dealt with in threeways. Section 2.03 deals with the situation where a person hasdone something for which a permit is required without firstobtaining a permit:Where a person has placed, dumped, cut or removed fill or altered the grades ordrainage on any lands in the City without having first obtained a Permit wherea Permit is required, all operations shall cease, immediately stabilize the siteand that person shall apply for a Site Alteration Permit pursuant to this By-lawand shall be subject to fines and permit fees as per Sections 11 and 12, unlessthis By-law states it does not apply or that such a Permit is not required.

“Permit” is defined in s. 1.01.42 as “a Site Alteration Permit
issued pursuant to this By-law” (emphasis added).

[36] Part 11 deals with offences and penalties. A person, otherthan a corporation, “who contravenes the provisions of thisBy-law” is subject to a fine of up to $10,000 for a first offence andup to $25,000 for any subsequent offence. Corporations are sub-ject to fines of up to $50,000 for a first offence and $100,000for subsequent offences. Section 11.03 provides for orders forremedial work:In addition to any fine or any other penalty, any person who is convicted ofcontravening a provision of this By-law, the terms and conditions of a permit